,i #aafth ,,congress #ast ,session ,h4 ,r4 #afjc ,,in ,,the ,,house ,,of ,,representatives ,march #g1 #bjai,ms4 ,bonamici 7for herself1 ,mr4 ,pallone1 ,ms4 ,slotkin1 ,mr4 ,tonko1 ,mr4 ,pocan1 ,mr4 ,cohen1 ,mr4 ,huffman1 ,mrs4 ,dingell1 ,ms4 ,schakowsky1 ,mr4 ,kennedy1 ,mr4 ,raskin1 ,mr4 ,mc,nerney1 ,ms4 ,blunt ,rochester1 ,ms4 ,barragn1 ,mr4 ,soto1 ,ms4 ,eshoo1 ,ms4 ,mc,collum1 ,mr4 ,blumenauer1 ,mr4 ,ted ,lieu of ,california1 ,ms4 ,clarke of ,new ,york1 ,ms4 ,velzquez1 ,ms4 ,snchez1 ,mr4 ,de,fazio1 ,ms4 ,norton1 ,mr4 ,mc,govern1 ,mr4 ,johnson of ,georgia1 and ,mr4 ,schrader7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,education and ,labor1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,toxic ,substances ,control ,act to prohibit the manufacture1 processing1 and distribution in commerce of asbestos and asbestos-containing mixtures and articles1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,alan ,reinstein ,ban ,asbestos ,now ,act of #bjai4 #b4 ,asbestos ban and reporting ,section #f of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje7 is amended by adding at the end the following3 7k7 ,asbestos 7#a7 ,prohibition of manufacture1 processing1 and distribution in commerce ,effective one year after the date of enactment of this subsection1 no person may manufacture1 process1 or distribute in commerce asbestos or any mixture or article containing asbestos4 7#b7 ,exemption for national security reasons 7,a7 ,in general ,the ,president may1 upon application1 grant any person an exemption from the prohibition under paragraph 7#a7 once for the manufacture1 processing1 or distribution in commerce of asbestos or any mixture or article containing asbestos only if the ,president determines that-- 7i7 the manufacture1 processing1 or distribution in commerce of asbestos or any mixture or article containing asbestos by the person is necessary to protect the national security interests of the ,united ,states2 and 7ii7 no feasible alternative to the manufacture1 processing1 or distribution in commerce of asbestos or any mixture or article containing asbestos exists for the intended use4 7,b7 ,duration 7i7 ,in general ,the period of an exemption granted under subparagraph 7,a7 shall not exceed #c years4 7ii7 ,extension ,the ,president may1 in accordance with subparagraph 7,a71 extend an exemption granted under such subparagraph once1 for a period not to exceed #c years4 7,c7 ,terms and conditions ,an exemption granted under this paragraph 7including an extension thereof7 shall include such terms and conditions as are necessary to achieve maximum practicable reduction in exposure to asbestos4 7,d7 ,publication 7i7 ,applications ,not later than #cj days after receipt of an application for an exemption under this paragraph 7including an extension thereof71 the ,president shall publish the application in the ,federal ,register4 7ii7 ,exemptions ,not later than #cj days after granting an exemption under this paragraph 7including an extension thereof71 the ,president shall publish in the ,federal ,register notice of the exemption and the terms and conditions included under subparagraph 7,b74 7,e7 ,application of waiver authority ,notwithstanding section #bb1 the ,administrator may not issue a waiver under such section with respect to asbestos4 7#c7 ,reports 7,a7 ,timing and coverage 7i7 ,previous action ,not later than #abj days after the date of enactment of this subsection1 any person who has manufactured1 processed1 or distributed in commerce asbestos or any mixture or article containing asbestos in the #cf months preceding such date of enactment shall submit to the ,administrator a report described in subparagraph 7,b74 7ii7 ,later action ,any person manufacturing1 processing1 or distributing in commerce asbestos or any mixture or article containing asbestos during the period that begins on the date of enactment of this subsection and ends on the date on which the prohibition under paragraph 7#a7 takes effect shall submit to the ,administrator a report described in subparagraph 7,b7 not later than #fj days after-- 7,i7 the date of enactment of this subsection1 for any person who has manufactured1 processed1 or distributed in commerce asbestos or any mixture or article containing asbestos before such date of enactment2 or 7,,ii7 the date on which the person initiates any such manufacture1 processing1 or distribution in commerce1 for any person initiating such manufacturing1 processing1 or distribution in commerce on or after such date of enactment4 7iii7 ,reports during exempted period ,any person granted an exemption under paragraph 7#b7 shall submit to the ,administrator a report described in subparagraph 7,b7 not later than #bg months after-- 7,i7 the exemption is granted2 and 7,,ii7 the exemption is extended1 if applicable4 7,b7 ,contents ,each report submitted under subparagraph 7,a7 shall include-- 7i7 the name and address of the person submitting the report2 7ii7 the name1 title1 and contact information of an authorized representative of the person submitting the report2 7iii7 the location of the facility or facilities where the manufacture1 processing1 or distribution in commerce of asbestos or mixtures or articles containing asbestos has occurred1 or will occur1 during the reporting period2 7iv7 a description of the manufacture1 processing1 or distribution activity during the reporting period of the person submitting the report1 and the intended and known uses of asbestos and each mixture or article containing asbestos by that person and all other persons to whom the asbestos1 mixture1 or article is sold or otherwise distributed in commerce2 7v7 the amount of asbestos1 and the amount and concentration of asbestos in any mixture or article containing asbestos1 that is manufactured1 processed1 or distributed in commerce1 or expected to be manufactured1 processed1 or distributed in commerce1 by the person during the reporting period2 7vi7 reasonable estimates of the amount of asbestos to be disposed of as a result of the reported manufacture1 processing1 or distribution activities1 and the manner of such disposal2 and 7vii7 reasonable estimates of-- 7,i7 the number of individuals who1 as a result of the reported manufacture1 processing1 and distribution activities-- 7aa7 have been exposed to asbestos or mixtures or articles containing asbestos2 and 7bb7 will be so exposed2 and 7,,ii7 the nature1 duration1 frequency1 and levels of any such exposure4 7,c7 ,reporting period ,for purposes of subparagraph 7,b71 the reporting period for a report submitted under-- 7i7 subparagraph 7,a77i7 shall be the period that begins on the date that is #cf months prior to the date of enactment of this subsection and ends on the date of enactment of this subsection2 7ii7 subparagraph 7,a77ii7 shall be the period that begins on the date of enactment of this subsection and ends on the date on which the prohibition under paragraph 7#a7 takes effect2 7iii7 subparagraph 7,a77iii77,i7 shall be the period that begins on the date on which an exemption is granted under paragraph 7#b7 and ends on the date such exemption expires 7not including an extension thereof72 and 7iv7 subparagraph 7,a77iii77,,ii7 shall be the period that begins on the date on which an exemption is extended under paragraph 7#b7 and ends on the date such extension expires4 7,d7 ,reporting forms and instructions ,not later than #cj days after the date of the enactment of this subsection1 the ,administrator shall publish a notice in the ,federal ,register that provides instructions for reporting under this paragraph and a form or forms for use by persons submitting reports under this paragraph4 7,e7 ,availability ,not later than #c months after a report is submitted under subparagraph 7,a71 the ,administrator shall make such report available to the public4 7,f7 ,summary and analysis ,not later than #ahj days after a report is submitted under subparagraph 7,a71 the ,administrator shall make available to the public a summary and analysis of the information such report contains4 7#d7 ,definitions ,in this subsection3 7,a7 ,asbestos ,the term asbestos means-- 7i7 the asbestiform varieties of chrysotile1 actinolite1 amosite1 anthophyllite1 crocidolite1 richterite1 winchite1 and tremolite2 and 7ii7 the non-asbestiform varieties of richterite and winchite4 7,b7 ,distribute in commerce ,the terms distribute in commerce and distribution in commerce have the meaning given the terms in section #c7e71 but1 notwithstanding such section #c7e71 do not include1 with respect to asbestos-- 7i7 end-use of a mixture or article containing asbestos and installed in a building or other structure before the date of enactment of this subsection2 or 7ii7 distribution of a mixture or article containing asbestos solely for the purpose of disposal of the mixture or article in compliance with applicable ,federal1 ,state1 and local requirements4 7,c7 ,mixture or article containing asbestos ,the term mixture or article containing asbestos includes a mixture or article in which asbestos is present as an impurity4 4 #c4 ,legacy asbestos3 report and recommendations 7a7 ,report ,not later than #ah months after the date of the enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency1 in consultation with the ,secretary of ,health and ,human ,services and the ,secretary of ,labor1 shall prepare and submit to ,congress a report assessing-- 7#a7 the presence of asbestos in residential1 commercial1 industrial1 public1 and school buildings2 and 7#b7 the extent of exposure and risk to human health associated with the asbestos present in such buildings from all commercial1 industrial1 and consumer activities that may result in asbestos exposure4 7b7 ,contents ,the report required under subsection 7a7 shall be based upon the best available information1 and information that can feasibly be obtained through surveys or other means1 and shall provide the following3 7#a7 ,an estimate of the number of residential1 commercial1 industrial1 public1 and school buildings where asbestos is present4 7#b7 ,an estimate of the amount of asbestos in such buildings and the portion of such asbestos that is friable4 7#c7 ,a description of the types of building components and systems containing asbestos in such buildings and the categories of mixtures and articles containing asbestos that are present1 such as thermal insulation1 roofing materials1 asbestos cement pipe1 and asbestos cement sheet4 7#d7 ,for each category of building1 an estimate of the number of people potentially exposed to asbestos1 the conditions and activities with the greatest potential for exposure1 and estimates of the levels of exposure4 7#e7 ,a description of the role of handling1 maintenance1 and construction practices in creating exposure to asbestos and the impact of building aging on the potential for asbestos exposure4 7#f7 ,an estimate of the amount of asbestos waste generated from building renovation1 repair1 and demolition for each of the last #e years and the procedures that are utilized for the handling1 transport1 and disposal of such waste4 7c7 ,recommendations 7#a7 ,in general ,the report submitted under subsection 7a7 shall contain-- 7,a7 an assessment of the sufficiency of existing statutes1 regulations1 policies1 and programs1 implemented by the ,environmental ,protection ,agency1 the ,department of ,labor1 and other agencies1 in protecting against exposures to legacy asbestos2 and 7,b7 recommendations for modifications or additions to such statutes1 regulations1 policies1 and programs1 as necessary to reduce or eliminate risks to human health4 7#b7 ,inclusions ,recommendations under paragraph 7#a77;,b7 may include recommendations for new1 additional1 or modified statutes1 regulations1 policies1 or programs for-- 7,a7 the inspection of buildings to determine the presence and condition of asbestos2 7,b7 inventorying the presence and condition of asbestos in buildings2 7,c7 removal of asbestos from buildings2 7,d7 handling asbestos during building maintenance1 repair1 demolition1 and other commercial and industrial activities with the potential for asbestos exposure2 and 7,e7 disposal of asbestos-containing waste and debris4 7d7 ,effect on existing law ,compliance with this section shall not relieve the ,administrator of the ,environmental ,protection ,agency1 the ,secretary of ,health and ,human ,services1 or the ,secretary of ,labor1 of any other obligation arising under this ,act or any other law4 7e7 ,definition of asbestos ,in this section1 the term asbestos means-- 7#a7 the asbestiform varieties of chrysotile1 actinolite1 amosite1 anthophyllite1 crocidolite1 richterite1 winchite1 and tremolite2 and 7#b7 the non-asbestiform varieties of richterite and winchite4